Hindu Marriage Act, 1955, Section 13B -- Setting aside decree of divorce by mutual consent - Wife alleging statement in Court neither voluntary nor out of her free will and desire rather the same was a result of coercion, undue influence, threat and pressure exerted on her - Statement given in Court not voluntary - Decree of divorce by mutual consent set aside...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of statutory period of six months - Parties are highly educated - No chances of reconciliation between them and they have mutually decided to end their marriage - Therefore, statutory period of six months waived...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiting period of six months - Period mentioned in S.13-B(2) is directory and not mandatory - It is open to Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Court can waive waiting period of six months, after considering : (i) statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year u/s 13B(1) of separation of parties is already over before the first motion itself; (ii) all efforts for..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiting period of six months - Mandatory or directory - In determining the question whether provision is mandatory or directory, language alone is not always decisive - Court has to have regard to the context, subject matter and object of the provision...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months waiting period - Court while conducting proceedings u/s 13-B(2) of the Act, can use the medium of video conferencing and also permit genuine representation of parties through close relations such as parents or siblings where parties are unable to appear in person for any just and..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Cooling off period - Object is to safeguard against a hurried decision if there was otherwise possibility of differences being reconciled - Said object is not to perpetuate a purposeless marriage or to prolong the agony of parties when there are no chance of reconciliation - Though every effort is to..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise by parties during pendency of appeal filed against dismissal of divorce petition filed by husband - Petition for divorce sought to be converted to petition for divorce by mutual consent - As appeal is pending for the last 15 months, statutory period of 6 months as envisaged u/s 13-B of the Act..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Settlement - Dispute between parties settled amicably - Prolonged litigation between parties and long separation spanning over period of around 12 years - Marriage between parties stands dissolved by decree of divorce by mutual consent - Parties shall abide by terms and conditions referred in Memo of..........
Hindu Marriage Act, 1955, Section 13B, 28 -- Decree of divorce by mutual consent - Application of wife for setting aside decree on ground of fraud, coercion and undue influence - Wife already led evidence - Application of wife dismissed on an application being filed by husband holding that wife should file appeal before High Court - Held, as District Judge had opted to..........
